Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Colorado, mediation is a common alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Colorado courts often encourage or require mediation in civil lawsuits before the case goes to trial. While the mediator facilitates the discussion and negotiation, they do not have the authority to impose a decision. The parties retain control over the outcome and are not obligated to reach an agreement during mediation. If the parties cannot settle their differences through mediation, the case will continue to trial where a judge or jury will make a final decision. Importantly, under Colorado law, communications during mediation are generally confidential and cannot be used as evidence in court should the case proceed to trial. This confidentiality is designed to promote open and honest dialogue in pursuit of a settlement.